USCIS Releases Data on Petition for Nonimmigrant Worker Receipts, Completions, and RFEs
USCIS data on receipts, completions, and RFEs from FY2015 to FY2019 (through 9/30/19) for various employment-based non-immigrant visa categories, including H-1B.
Presidential Proclamation on the Suspension of Entry of Immigrants Who Will Financially Burden the U.S. Healthcare System
On 10/4/19, President Trump issued a proclamation suspending the entry of immigrants who “will financially burden the U.S. healthcare system,” effective at 12:01 am (ET) on 11/3/19. Immigrants must have approved health insurance coverage within 30 days of entry, or be able to pay for reasonably foreseeable medical costs. Please see presidential document for more [...]
ICE Updates Policy for OPT Students – How to Determine if Employment is in a “Major Area of Study”
On September 27, 2019, Immigration and Customs Enforcement updated and provided policy guidance on how to determine whether a student’s practical training is in an area “directly related” to the student’s major area of study. This is in keeping with the regulations at 8 CFR 214.2(f)(10)(ii)(A) and is applicable to both CPT and OPT employment. [...]
What to Know and How to Prepare for STEM-OPT Employer Site Visits
In a new development, DHS/Immigration Customs Enforcement (ICE) has commenced site visits to employer locations that train STEM OPT students. This program began about 12 days ago, and clients have started reporting site visits to verify STEM OPT related information. Advance Notice to Employers: According to the Study in the States website maintained by DHS, [...]
OFLC Announces Schedule for Electronic Filing of LCAs in the FLAG System
Beginning September 16, 2019, the FLAG System's LCA Program Module will be enabled and stakeholders will be able to begin preparing H-1B, H-1B1, and E-3 applications using the Form ETA-9035E. However, the FLAG System will not permit the submission of LCA applications until 12:00 p.m. Eastern Time on October 1, 2019. OFLC will continue to [...]
The U.S. is Open for Business – The EB-1A for “Highly Paid, Most Qualified” Candidates
Our latest blog post: When the Executive Order now known as “Buy American and Hire American” was issued in April of 2017, the reaction among businesses and employment based immigrants was one of distress and a sense of hopelessness. Business immigration Practitioners knew the new policy was at best ambiguous and at worst, the [...]
USCIS Releases Report on F-1 Students Obtaining Another Non-immigrant Classification
USCIS reports data on F-1 students obtaining another non-immigrant status from FY 2008 and 2018. About 84 percent in this 11-year period were beneficiaries of H-1B visa classification, 6 percent were beneficiaries of other employment-based petitions, and 10 percent obtained non-employment-based status.
USCIS Issues Policy Alert on Defining “Residence” in Statutory Provisions Related to Citizenship
USCIS issued policy guidance to address requirements for “residence” in statutory provisions related to citizenship, and to rescind previous guidance regarding children of U.S. government employees and members of U.S. armed forces outside the United States. This policy is effective 10/29/19.
USCIS advises Employers Should Continue Using Current Form I-9 Even After Expiration
USCIS advises, until further notice, employers should continue using the Form I-9 currently available on I-9 Central, even after the expiration date of August 31 has passed. USCIS will provide updated information about the new version of the form as it becomes available.
EB-3 Categories Made Immediately Unavailable Through End of FY2019 And Other Important Updates
We have been informed by the American Immigration Lawyers Association (AILA), that following a review of the dates listed in the September 2019 Visa Bulletin, the entire EB-3 category has immediately been made "unavailable” for the remainder of FY2019. This means that the annual limits have been reached on these categories and additional numbers are [...]